Pulled over for dui

[Hutter21]

So I am 19 and was with my 17 year old girlfriend I was driving home Saturday night when a cop pulled me over for swerving . We were smoking a bowl right before I got pulled over and immidetaly when he walked up to the car he said "we smoking weed here". I said no and he asked me to get out of the car. He asked if I had any knives or anything that could get me in trouble and I gave him my pocket knife and said there was a bowl in the truck. He took it and searched my car but only found the bowl. He gave me a field sobriety test that I thought I did pretty decent on and he then took me in cuffs to the hospital and gave me a blood test. My girlfriend took blame for the bowl and he just took it and set it on his front seat no evidence bag or anything. I also had two beers at 8 clock and it was 12:05 when I got a blood test , do you think that would turn up too? And they said they would try charging me with a dui because they thought I was smoking. Never brought up alcohol once. You think I will get a dui what should I do

 

[quincy]

So I am 19 and was with my 17 year old girlfriend I was driving home Saturday night when a cop pulled me over for swerving . We were smoking a bowl right before I got pulled over and immidetaly when he walked up to the car he said "we smoking weed here". I said no and he asked me to get out of the car. He asked if I had any knives or anything that could get me in trouble and I gave him my pocket knife and said there was a bowl in the truck. He took it and searched my car but only found the bowl. He gave me a field sobriety test that I thought I did pretty decent on and he then took me in cuffs to the hospital and gave me a blood test. My girlfriend took blame for the bowl and he just took it and set it on his front seat no evidence bag or anything. I also had two beers at 8 clock and it was 12:05 when I got a blood test , do you think that would turn up too? And they said they would try charging me with a dui because they thought I was smoking. Never brought up alcohol once. You think I will get a dui what should I do

What is the name of your state, Hutter21?

 

[CdwJava]

You can be impaired by drugs as well. They may believe you were impaired on drugs, alcohol, or a combination of the two. Depending on how the blood test turns out, you may or may not be charged. Depending on the laws in your un-named state, you may also be eligible for some form of diversion to minimize the impact of a plea deal or conviction.

 

[Hutter21]

I am in the state of Pennsylvania . I believe they just decriminalized marijuana in Pittsburgh and I was literally about 5-10 minutes away from there

 

[CdwJava]

I am in the state of Pennsylvania . I believe they just decriminalized marijuana in Pittsburgh and I was literally about 5-10 minutes away from there

If you weren't in Pittsburgh, why would you think that such a decriminalization would have any effect outside of that city? Though, that seems an odd thing to have it legal by city. But, it's not something I'm going to look up as one can be impaired on even legal substances. ... think, alcohol.

 

[TigerD]

So I am 19 ... We were smoking a bowl right before I got pulled over ...He asked if I had any knives or anything that could get me in trouble and I gave him my pocket knife and said there was a bowl in the truck. ... I also had two beers at 8 clock and it was 12:05 when I got a blood test , do you think that would turn up too? And they said they would try charging me with a dui because they thought I was smoking.

They didn't just think you were smoking - you were.

You would be well advised to start seeking out defense attorneys. Even if you dodge the rap on this one, you will need a defense attorney at some point.

TD

 

[FlyingRon]

Note that 0.08% BAC is only the per se limit. Having alcohol in your blood (even if below the limit) is going to bolster the claim you were intoxicated from the combination of the drugs and alcohol. You need a lawyer on this one.

Possible strategies:

1. Your lawyer refutes the assertion of intoxication. This will depend on whether you indeed busted the per se limits (which mean they don't have to prove intoxication) and what the officer's observations of your intoxication are. The bad news for you is that the per se limit for cannabis metabolites is an extremely small amount (it was reduced to 1ng/ml a few years back). If the blood test comes back showing that, you lose.

2. You go into ARD which essentially gives you a brief period of probation and other requirements that allow the charge to be dismissed if you successfully complete it.

 

[AdoptADog]

I believe that for an underage driver in Pennsylvania, the BAC limit is 0.02. OP stated he is 19.

 

[FlyingRon]

I believe that for an underage driver in Pennsylvania, the BAC limit is 0.02. OP stated he is 19.

Good catch on the age. In fact, there's no "legal" limit for underage drivers in PA. Any sign of consumption of alcohol will be a violation. It's trully a "not a drop" law there. As for whether there would be anything left to measure after four hours would depend on the size of beers (while 12 oz is the standard for most discussion, draft beers in bars tend to me much larger these days) and the weight of the driver.

Of course, alcohol on his breath or shooting his mouth off rather than remaining silent will give the commonwealth all they need to prosecute.

 

[Hutter21]

Never admitted to anything with alcohol and I doubt it will even turn up on the bac.( at least above a .02. You think I could best case scenario do ard? How bad is that and will there be any charges for any amount of time with that? Would I still want an attorney for ard?

 

[CdwJava]

If you "doubt" that it would appear on the BAC, then you clearly had been drinking.

Smoking weed and drinking ... bad combination. Maybe you can take a stint in a local trauma hospital and get an idea for what happens in many of those situations. Been there, seen that, have the F'ing T-Shirt and the burnt-in images in my mind to match! Drinking and driving is stupid and deadly, and smoking dope and driving is AT LEAST as bad! You may not care about your own life, but have pity for everyone else's. If you're going to get drunk or high, do it at home!!

 

[Hutter21]

Ok dude I didn't come on here to get ****ing yelled at , I was at .02 if anything and if I kill anyone off that that's not cause I was impaired thanks for your help but you're not helping at all

 

[CdwJava]

Ok dude I didn't come on here to get ****ing yelled at , I was at .02 if anything and if I kill anyone off that that's not cause I was impaired thanks for your help but you're not helping at all

It's not just alcohol. Marijuana impairs people, too. THAT seems to be a component you're not getting!

I've peeled people off the road that were killed by people who said they were not impaired ... you're saying so does not make it so. When you drink and smoke, and then drive, you run that risk. Learn from it.

 

[quincy]

Ok dude I didn't come on here to get ****ing yelled at , I was at .02 if anything and if I kill anyone off that that's not cause I was impaired thanks for your help but you're not helping at all

Please watch your language and your attitude on this forum, Hutter21. Thank you.

Here are links to the Pennsylvania's DUI laws:

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038..HTM

http://www.dmv.org/pa-pennsylvania/automotive-law/dui.php

You need a defense attorney, this to better your chances of a diversion program.

 

[not2cleverRed]

Ok dude I didn't come on here to get ****ing yelled at , I was at .02 if anything and if I kill anyone off that that's not cause I was impaired thanks for your help but you're not helping at all

I suspect in person, in court, you will face much the same as you've seen here. Based on your reaction, I strongly suggest that you retain the best lawyer you can afford.

You believe you performed well on the field sobriety test. However, your judgement was impaired (by your own admission) and so really, you have no basis for evaluation. I might add that even i n places where it is legal to use marijuana, it remains illegal to drive while high as a kite.

Legally, you are an adult - unlike your girlfriend. You have to begin to accept that your actions will have adult legal consequences.